The Supreme Court has agreed to review "Zobrest," regarding sending a state-paid sign language interpreter into a Catholic high school to assist a deaf student. Examines the facts and procedural history of the "Zobrest" case, the analysis applied by the Ninth Circuit, and a few of the many difficulties facing the Court. (MLF)

There has been a renaissance of scholarship during the bicentennial of the U.S. Constitution. Continued implementation of the Constitution requires that its text, its structure, and its principles be widely known and respectfully understood. U.S. citizens need to respect the Constitution as it was understood by those who framed it. Underlying the…

Examines legislative and judicial interventions in the schooling process and discusses some consequences for teachers, administrators and school board members. (Author/AM)

Delineates the federal judiciary system's creation and evolution. Describes original judicial legislation, illustrating the judicial pyramid: district courts at the base, followed by federal circuit courts, with the Supreme Court at the apex. Identifies first Supreme Court justices. Observes that John Marshall's 34 years as Chief Justice firmly…

Presents an overview of the original "Brown" decision and the complex body of case law that has evolved from it. Reviews the "compensatory education" alternative, which focuses upon improving education for minority students by means other than strict numerical integration, as well as the special problems found in districts with…

Discusses the issue of whether a state may sponsor single-gender education without violating the Equal Protection Clause of the 14th Amendment. Traces the history of "United States versus Virginia," discussing the arguments of both sides; and briefly explores the likely ramifications of the holding as the Supreme Court prepares to review…

The thesis advanced in this paper is that the American legal system is responsible for changing the course of public education and is causing two separate educational systems, one private and the other public, to develop. Court cases and laws cited show that generally the U. S. Supreme Court, the Congress, and state legislatures have left private…

Judgments by Australian courts that link two cases dealing with the role of teachers and labor law are analyzed in terms of the political motives of the claimants, the implications of the decisions, and the judicial interpretations. (Author/MLF)

In a recent series of decisions, the Supreme Court has set the standard for returning control of vital school affairs to local school officials. Discusses the legal bases school officials and their legal counsel might use in showing that their school district has attained so-called unitary status, the condition for lifting federal desegregation…

Recent decisions of the U.S. Supreme Court appear to create similar standards in employment discrimination cases harmonizing the theories of disparate treatment and disparate impact. Implications of the emerging judicial unification between the two theories are addressed and its relevance to school districts summarized. (MLF)

Discusses the Montana Supreme Court's declaration that the Montana system of financing education was unconstitutional as it relates to emerging legal principles drawn from federal school finance court challenges. Speculates on future directions in state education finance equity litigation. (54 references) (MLF)

By deciding some cases and refusing others, the United States Supreme Court has begun to provide answers to some of the legal questions concerning the interpretation of two federal statutes: Section 504 of the Rehabilitation Act of 1973 and the Education for All Handicapped Children Act of 1975 (Public Law 94-142). The first of these statutes…

This paper takes a brief look at how several courts have interpreted the Education for All Handicapped Children Act, generally known as Public Law 94-142, and the Rehabilitation Act of 1973, generally referred to as Section 504. The questions under consideration include the right of an individual to sue under 94-142 and 504; the definition of the…

This report discusses the expanding role of Federal judges as educational policymakers. The report discusses court decisions related to interpretations by the Federal Courts of the U.S. Constitution. The report notes that court decisions have covered the following topics: dress codes, flying of the flag, freedom of speech, unwed mothers,…